2006 Legislation
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HOUSE BILL NO. 639 – Navigable lakes, encroachments


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Bill Status

H0639.........................................by RESOURCES AND CONSERVATION
NAVIGABLE LAKES - Amends existing law relating to navigational and
nonnavigational encroachments; and to revise a definition.
02/10    House intro - 1st rdg - to printing
02/13    Rpt prt - to Res/Con
02/16    Rpt out - rec d/p - to 2nd rdg
02/17    2nd rdg - to 3rd rdg
02/22    3rd rdg - PASSED - 64-0-6
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
      Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon,
      Chadderdon, Clark, Collins, Deal, Edmunson, Ellsworth, Field(18),
      Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp,
      Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague,
      Miller, Mitchell, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould,
      Ring, Ringo, Rusche, Rydalch, Sali(Sali), Sayler, Schaefer,
      Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24),
      Smylie(Luker), Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, Crow, Denney, Eskridge, Moyle, Roberts
    Floor Sponsor - Raybould
    Title apvd - to Senate
02/23    Senate intro - 1st rdg - to Res/Env
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Williams
    Title apvd - to House
03/17    To enrol
03/20    Rpt enrol - Sp signed
03/21    Pres signed - To Governor
03/22    Governor signed
         Session Law Chapter 111
         Effective: 07/01/06

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 639
  1                                        AN ACT
  4        TIONS.
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 58-1302, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
  8        58-1302.  ENCROACHMENT  ON  NAVIGABLE LAKES -- DEFINITIONS. (a) "Navigable
  9    lake" means any permanent body of relatively still or slack  water,  including
 10    man-made  reservoirs, not privately owned and not a mere marsh or stream eddy,
 11    and capable of accommodating boats or canoes. and includes man-made reservoirs
 12    except This definition does not include man-made reservoirs where  the  juris-
 13    diction thereof is asserted and exclusively assumed by a federal agency.
 14        (b)  "Beds  of  navigable  lakes" means the lands lying under or below the
 15    "natural or ordinary high water mark" of a navigable lake and, for purposes of
 16    this act only, the lands lying between the natural or ordinary high water mark
 17    and the artificial high water mark, if there be one.
 18        (c)  "Natural or ordinary high water mark" means the high water  elevation
 19    in  a  lake over a period of years, uninfluenced by man-made dams or works, at
 20    which elevation the water impresses a line on the soil by covering it for suf-
 21    ficient periods to deprive the soil of its vegetation and  destroy  its  value
 22    for agricultural purposes.
 23        (d)  "Artificial high water mark" means the high water elevation above the
 24    natural  or  ordinary  high water mark resulting from construction of man-made
 25    dams or control works and impressing a new and higher vegetation line.
 26        (e)  "Low water mark" means that line or elevation on the bed of the  lake
 27    marked  or  located by the average low water elevations over a period of years
 28    and marks the point to which  the  riparian  rights  of  adjoining  landowners
 29    extend  as  a  matter of right, in aid of their right to use the waters of the
 30    lake for purposes of navigation.
 31        (f)  "Riparian or littoral rights" means only the rights of owners or les-
 32    sees of land adjacent to navigable  waters  of  the  lake  to  maintain  their
 33    adjacency  to the lake and to make use of their rights as riparian or littoral
 34    owners or lessees in building or using aids to navigation but does not include
 35    any right to make any consumptive use of the waters of the lake.
 36        (g)  "Line of navigability" means a line located at  such  distance  below
 37    the low water mark as will afford sufficient draft for water craft customarily
 38    in use on that particular lake.
 39        (h)  "Encroachments in aid of navigation" means and includes docks, piers,
 40    floats,  pilings,  breakwaters, boat ramps, channels or basins, and other such
 41    aids to the navigability of the lake, on, in or above the beds or waters of  a
 42    navigable  lake.  The  term  "encroachments  in aid of navigation" may be used
 43    interchangeably herein with the term "navigational encroachments."
  1        (i)  "Encroachments not in aid of navigation" means and includes all other
  2    encroachments on, in or above the beds or waters of a navigable lake,  includ-
  3    ing  landfills or other structures not constructed primarily for use in aid of
  4    the navigability of the lake. The term "encroachments not in  aid  of  naviga-
  5    tion"  may  be  used  interchangeably  herein  with  the term "nonnavigational
  6    encroachments."
  7        (j)  "Board" means the board of land commissioners of the state  of  Idaho
  8    or its authorized representative.
  9        (k)  "Plans"  means maps, sketches, engineering drawings, aerial and other
 10    photographs, word descriptions, and specifications sufficient to describe  the
 11    extent,  nature  and approximate location of the proposed encroachment and the
 12    proposed method of accomplishing the same.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 15963

This legislation amends Idaho Code Section 58-1302 to clarify the
definition of "Navigable Lake" to ensure that privately owned,
man-made reservoirs are not considered a "Navigable Lake."

                           FISCAL NOTE

No fiscal impact.

Name: George Bacon, Lands, Dept of 
Phone: (208) 334-0200

STATEMENT OF PURPOSE/FISCAL NOTE                         H 639